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How Do I Get Divorced In Australia?
Divorce can be an overwhelming process, but understanding the legal steps involved can help you navigate it with confidence. In Australia, divorce is a no-fault system, meaning that you don’t need to prove wrongdoing—only that your marriage has irretrievably broken down.
At ALA Law, we understand the emotional and financial challenges of divorce and provide expert legal guidance to help you through the process. This step-by-step guide will explain the eligibility, application process, court procedures, and what happens after divorce.
1. Am I Eligible to Get Divorced in Australia?
Before applying for a divorce, you must meet the following criteria:
- You must be legally married (if married overseas, you need proof of the marriage).
- You and your spouse must have been separated for at least 12 months.
- You or your spouse must be an Australian citizen, permanent resident, or have lived in Australia for at least 12 months before applying.
What if we’re still living together?
You can still apply for a divorce if you’ve been separated but living under the same roof. However, you’ll need to provide evidence, such as separate finances or witness statements. Learn more: Family Court – Divorce Eligibility
2. How to Apply for Divorce in Australia
You can apply for a divorce online via the Commonwealth Courts Portal. There are two types of applications:
- Joint Application – You and your spouse apply together (easier process).
- Sole Application – You apply alone and must serve the divorce papers to your spouse.
You will need:
- Marriage certificate (translated if not in English)
- Proof of separation if still living together
- Any necessary parenting or property agreements (not required for divorce but relevant for later matters).
The current divorce application fee (as of 2024) is $1060, but you may be eligible for a reduced fee of $350 if you meet financial hardship criteria. Learn more: Divorce Application Process
3. What Happens After You File for Divorce?
- If you applied jointly, you don’t need to serve documents to your spouse.
- If you applied solely, you must serve the divorce papers at least 28 days before the hearing (42 days if your spouse lives overseas).
What if my spouse refuses to accept the documents?
At ALA Law, we assist with substituted service (e.g., via email or social media) or apply for dispensation of service if your spouse cannot be located. Learn more: Serving Divorce Papers
4. Attending the Divorce Hearing
- If you filed a joint application, you do not need to attend court.
- If you filed a sole application and have children under 18, you must attend the hearing.
At the hearing, the court will:
✔ Review your application and confirm eligibility.
✔ Ensure proper service (if applicable).
✔ Grant the divorce if all requirements are met.
How long does it take?
Once granted, your divorce becomes final one month and one day after the hearing. Learn more: Divorce Court Hearings
5. Does Divorce Automatically Settle Property and Parenting Arrangements?
No! Divorce only legally ends the marriage. You must separately negotiate property settlements and parenting agreements.
Time Limits for Financial Settlements
- Married couples: You must apply for a property settlement within 12 months of the divorce being finalised.
- De facto couples: You have 2 years from separation to finalise financial settlements.
At ALA Law, we help clients negotiate and formalise property and parenting agreementsthrough Consent Orders and Binding Financial Agreements. Learn more: Property & Financial Settlements
6. Can I Remarry After Divorce?
Yes! But only after your Divorce Order is final (1 month and 1 day after being granted). If you remarry before the divorce is finalised, it is considered bigamy, which is illegal in Australia.
7. Why Choose ALA Law for Your Divorce?
At ALA Law, we understand that divorce is more than just paperwork—it’s about securing your future. Our experienced Family Lawyers provide:
✔ Expert legal guidance tailored to your situation.
✔ Assistance with divorce applications and court representation.
✔ Support with property settlements and child custody arrangements.
✔ Cost-effective solutions, including mediation and Consent Orders.
Need legal advice? Contact ALA Law today for a confidential consultation. Visit Our Website!
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